SB2207 - Relating to prohibiting the Texas Medical Board from regulating certain physician advertising.

      By: Hall S.B. No. 2207     (Pierson)           A BILL TO BE ENTITLED   AN ACT   relating to prohibiting the Texas Medical Board from regulating   certain physician advertising.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 153.002, Occupations Code, is amended by   adding Subsections (c) and (d) to read as follows:           (c)     Notwithstanding Subsection (a), the board may not adopt   rules that regulate the advertising of physicians as "board   certified" if the physician:                 (1)  was initially certified by:                       (A)     a medical specialty member board of the   American Board of Medical Specialties;                       (B)     a medical specialty member board of the   American Osteopathic Association Bureau of Osteopathic   Specialists;                       (C)     the American Board of Oral and Maxillofacial   Surgery; or                       (D)     any other certifying organization if the   organization submits to the board documentation that the certifying   organization:                             (i)     has certification requirements that are   substantially equivalent to the requirements of the medical   specialty member boards under Paragraph (A) or (B);                             (ii)     requires members to complete an   examination that has been psychometrically evaluated for   validation and administered by a testing organization that tests   knowledge and skills in the applicable specialty or subspecialty;                             (iii)     requires members to have successfully   completed postgraduate training accredited by the Accreditation   Council for Graduate Medical Education or the American Osteopathic   Association in the applicable specialty or subspecialty;                             (iv)     uses appropriate peer-review   processes;                             (v)     has a total membership of at least 100   licensed members, fellows, diplomates, or certificate holders from   at least one-third of the states in the United States;                             (vi)     is exempt from the payment of federal   income taxes under Section 501(a), Internal Revenue Code of 1986,   by being listed as an exempt entity under Section 501(c) of that   code; and                             (vii)     has a permanent headquarters and   staff; and                 (2)     in the advertising identifies the certifying   organization by which the physician is certified.           (d)     The board may not charge a fee or require submission of   an application by a certifying organization described by Subsection   (c)(1)(D).          SECTION 2.  This Act takes effect September 1, 2025.